PICKERINGTON CITY COUNCIL
TUESDAY, SEPTEMBER 6, 2005
CITY HALL, 100 LOCKVILLE ROAD
REGULAR
MEETING AGENDA
7:30
P.M.
1. ROLL CALL, PLEDGE OF ALLEGIANCE, AND INVOCATION. Council for the City of Pickerington met for a regular session Tuesday, September 6, 2005, at City Hall. Mayor Shaver called the meeting to order at 7:30 P.M. Roll call was taken as follows: Mr. Wright, Mr. Hackworth, Mr. Parker, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, Mrs. Riggs, and Mayor Shaver were present. No members were absent. Others present were: Judy Gilleland, Lynda Yartin, Linda Fersch, Ed Drobina, Chief Mike Taylor, Phil Hartmann, Patti Wigington, Mackenzie White, Tory Kramer, David Owens, Rex Myers, Julia Egle, Gail Egle, Lynn Fasnaugh, Mike Kuberski, and others. Mr. Wisniewski delivered the invocation.
2. A. APPROVAL OF MINUTES OF AUGUST 2, 2005, REGULAR MEETING. Mr. Wright moved to approve; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Parker, Mr. Wisniewski, Mr. Wright, Mr. Hackworth, Mr. O’Brien, and Mrs. Riggs voting “Yea.” Motion passed, 6-1.
B. APPROVAL OF MINUTES OF AUGUST 16, 2005, PUBLIC HEARING ON ZONE TEXT AMENDMENT CONCERNING SIGNS. Mr. Hackworth moved to approve; Mr. O’Brien seconded the motion. Roll call was taken with Mr. Wright and Mr. Parker abstaining, and Mr. Sabatino, Mr. O’Brien, Mr. Hackworth, Mrs. Riggs, and Mr. Wisniewski voting “Yea.” Motion passed, 5-0.
C. APPROVAL OF MINUTES OF AUGUST 16, 2005, PUBLIC HEARING ON REZONING OF 8.874 ACRES FOR A NEW VIOLET TOWNSHIP FACILITY. Mr. Wright moved to approve; Mrs. Riggs seconded the motion. Roll call was taken with Mr. Parker abstaining, and Mr. Wisniewski, Mr. Hackworth, Mr. Wright, Mr. O’Brien, Mrs. Riggs, and Mr. Sabatino voting “Yea.” Motion passed, 6-0.
D. APPROVAL OF MINUTES OF AUGUST 16, 2005, PUBLIC HEARING REGARDING REZONING OF 145 W. COLUMBUS STREET. Mr. Wright moved to approve; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Parker abstaining, and Mr. Sabatino, Mr. Hackworth, Mr. O’Brien, Mr. Wright, Mr. Wisniewski, and Mrs. Riggs voting “Yea.” Motion passed, 6-0.
E. APPROVAL OF MINUTES OF AUGUST 16, 2005, REGULAR MEETING. Mrs. Riggs moved to approve; Mr. Wright seconded the motion. Roll call was taken with Mr. Parker abstaining, Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Hackworth, and Mr. Wisniewski voting “Yea.” Motion passed, 5-1.
3. APPROVAL OF AGENDA. Mr. Wright moved to approve; Mr. Wisniewski seconded the motion. Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. Sabatino, and Mr. Parker voting “Yea.” Motion passed, 7-0.
4. COMMUNITY COMMENTS: None.
5. APPROVAL OF CONSENT AGENDA: Mayor Shaver stated there were no consent agenda items this evening.
6. COMMITTEE REPORTS:
A. FINANCE COMMITTEE. Mrs. Riggs stated Finance Committee met on August 22nd and the minutes have been distributed. Mrs. Riggs stated the Committee had discussed the City’s health insurance at length and at the next Council meeting on September 20th, an Executive Session will be scheduled to discuss selection of the new law director. Mrs. Riggs stated she would answer any questions.
7. REPORTS:
A. MAYOR. Mayor Shaver stated the Monthly Mayor’s Court Report had been distributed. He further stated he would like to congratulate the Lion’s Club on a great job on the Labor Day celebration. Mayor Shaver administered the oath of office to Mr. Wes Campbell as a member of the Parks and Recreation Board.
B. LAW DIRECTOR. Mr. Hartmann stated he would request Ordinance 2005-54, remain on the table this evening. He stated he received a faxed, signed copy, of the real estate purchase agreement this afternoon and he has not had time to review it. He stated he anticipated this being removed from the agenda at the next meeting.
C. FINANCE DIRECTOR. Mrs. Fersch stated she would request three readings on the appropriation ordinance on tonight’s agenda so she can take care of some things. She further stated with regard to Resolution 2005-17R, she was requesting three readings with the emergency this evening as the state law requires she file this Resolution with the County Auditor by October 1st. She stated this merely accepts the 2.3 inside millage and the 5.5 mill police levy. Mrs. Fersch further stated Ordinance 2005-68, was tabled pending receipt of the premium amount, and she had requested Finance Committee approve an amount not to exceed $190,000. She stated our premium figure is $172,000, however, there is the possibility that an accountant may be hired to handle the books for the Association, and we may also require our broker to do additional work, so she was requesting the additional funds to cover those expenses if necessary. Mr. Parker clarified this was not for health insurance, but for general liability insurance.
D. MANAGER. Ms Gilleland stated her report had been distributed and she would answer any questions. She further stated we are putting the final touches on the redesign of City Hall and she hoped to have the final design ready in the next week or two so we can go out for bid soon thereafter. Ms Gilleland stated she would provide Council with the final design as soon as she receives it. Mr. Parker stated Ms Gilleland’s report indicated the impact fee ordinance has been revised to reflect the desire to be able to exempt governmental, city, school, township or county projects without requiring the City to contribute money to the impact fee fund. Mr. Parker stated as he understood it, if we waive the impact fee for a commercial building the City must come back and make up those funds. Ms Gilleland stated it is not an automatic waiver for any governmental building, it gives an extra measure of protection so the City is not required to reimburse the fund, but we can do so if we desire. Mr. Parker clarified it would be Council’s decision if any waiver would be granted.
E. SERVICE DIRECTOR. Mr. Drobina stated he had nothing to report this evening.
8. PROCEDURAL READINGS:
A. ORDINANCE 2005-80, “AN ORDINANCE AMENDING THE 2005 APPROPRIATION, ORDINANCE 2004-81,” First Reading, Riggs. Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion. Mrs. Riggs stated Mrs. Fersch had briefed on this earlier and she would be requesting three readings this evening. Roll call was taken with Mr. Sabatino abstaining, and Mr. Wisniewski, Mrs. Riggs, Mr. Parker, Mr. Wright, Mr. Hackworth and Mr. O’Brien voting “Yea.” Motion passed, 6-0. Mrs. Riggs moved to suspend the rules for the purpose of three readings; Mr. Wright seconded the motion. Roll call was taken with Mr. Sabatino abstaining, and Mr. Parker, Mr. Wright, Mr. Hackworth, Mr. O’Brien, Mr. Wisniewski, and Mrs. Riggs voting “Yea.” Suspension of Rules passed, 6-0. Second Reading. Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Sabatino abstaining, and Mr. O’Brien, Mr. Wisniewski, Mrs. Riggs, Mr. Hackworth, Mr. Wright, and Mr. Parker voting “Yea.” Motion passed, 6-0. Third Reading. Mrs. Riggs moved to adopt; Mr. O’Brien seconded the motion. Roll call was taken with Mr. Sabatino abstaining, and Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. Parker, Mrs. Riggs, and Mr. O’Brien voting “Yea.” Motion passed, 6-0.
B. RESOLUTION 2005-16R, “A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH VILLAGE OF CANAL WINCHESTER AND VIOLET TOWNSHIP,” First Reading, Wright. Mr. Wright moved to adopt; Mr. Wisniewski seconded the motion. Mr. Wright stated this will set up the ability for the City and the Township to discuss tax sharing possibilities and economic development. He stated this has been discussed over the years, and we are now going to sit down and see what we can do. He stated this is the first step to see if it is possible, how we can move toward it, and what would be required. Roll call was taken with Mr. Parker, Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, Mr. Hackworth, and Mr. Wright voting “Yea.” Motion passed, 7-0.
C. RESOLUTION 2005-17R, “A RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE FAIRFIELD COUNTY BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR AND DECLARING THE EMERGENCYAND IMMEDIATE NECESSITY,” First Reading, Wright. Mr. Wright moved to adopt; Mrs. Riggs seconded the motion. Mr. Wright stated Mrs. Fersch spoke on this earlier and it is an annual Resolution that certifies the tax levies to the County Auditor and allows us to collect the monies. He stated further State law requires that it be submitted by October 1st so he will ask for three readings this evening. Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Wisniewski, Mr. Parker, Mrs. Riggs, and Mr. Hackworth voting “Yea.” Motion passed, 7-0. Mr. Wright moved to suspend the rules for the purpose of three readings; Mr. Wisniewski seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Parker, Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. O’Brien, and Mr. Sabatino voting “Yea.” Suspension of Rules passed, 7-0. Second Reading. Mr. Wright moved to adopt; Mr. Wisniewski seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.” Motion passed, 7-0. Third Reading, with emergency. Mr. Wright moved to adopt; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wisniewski, Mr. Wright, Mr. Hackworth, Mrs. Riggs, and Mr. Parker voting “Yea.” Motion passed, with emergency, 7-0.
D. ORDINANCE 2005-54, “AN ORDINANCE TO APPROPRIATE A FEE SIMPLE INTEREST CONSISTING OF A COMBINED 0.911 ACRES, MORE OR LESS, FROM DON McAULIFFE, IN PROPERTY LOCATED EAST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, AND DECLARING AN EMERGENCY” Second Reading, Hackworth. (TABLED)
E. ORDINANCE 2005-72, “AN ORDINANCE AMENDING CHAPTER 1292 OF THE PICKERINGTON CODIFIED ORDINANCES AND SECTION VII OF THE COMMERCIAL DESIGN GUIDELINES (APPENDIX IV OF THE PICKERINGTON CODIFIED ORDINANCES),” Second Reading. O’Brien. Mr. O’Brien moved to adopt; Mr. Wisniewski seconded the motion. Mr. O’Brien stated this will clean up the Code regarding sign colors for Comprehensive Sign Plans and individual signs. Mr. Parker stated he did not agree with this ordinance as he felt the businesses should have the right to put more than three colors on the sign if they desire, and the sign can be accepted or rejected at the time the application is made. Roll call was taken with Mr. Parker voting “Nay,” and Mrs. Riggs, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, and Mr. Hackworth voting “Yea.” Motion passed, 6-1.
F. ORDINANCE 2005-73, “AN ORDINANCE APPROVING THE REZONING OF 8.874 ACRES FROM AG (RURAL DISTRICT) TO PM-1 (PLANNED RESTRICTED INDUSTRIAL DISTRICT) LOCATED AT THE SOUTHEAST CORNER OF PICKERINGTON ROAD AND STEMEN ROAD FOR A NEW VIOLET TOWNSHIP ADMINISTRATION AND ROAD MAINTENANCE FACILITY,” Second Reading, O’Brien. Mr. O’Brien moved to adopt; Mrs. Riggs seconded the motion. Mr. O’Brien stated the Township Trustees wish to build a maintenance building across Pickerington Road from where they are now, and a rezoning is necessary. Mr. O’Brien stated there were no negative comments at the public hearing. Mr. Parker clarified the Township administrative offices are planned to be located in this area, however, it is a three phase plan and they do not have funding for anything other than the maintenance facility at this time. Roll call was taken with Mr. Wright, Mr. O’Brien, Mrs. Riggs, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.” Motion passed, 7-0.
G. ORDINANCE 2005-74, “AN ORDINANCE ACCEPTING THE FINAL PLAT FOR WINDMILLER SQUARE COMMERCIAL SUBDIVISION,” Second Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion. Mr. Hackworth stated this involved development of out lots by the Kroger Store. Roll call was taken with Mr. O’Brien, Mr. Wisniewski, Mrs. Riggs, Mr. Hackworth, Mr. Sabatino, Mr. Wright, and Mr. Parker voting “Yea.” Motion passed, 7-0.
H. ORDINANCE 2005-76, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH JESS HOWARD ELECTRIC COMPANY FOR THE INSTALLATION OF A TRAFFIC SIGNAL AT THE WINDMILLER DRIVE AND REFUGEE ROAD INTERSECTION,” Second Reading, O’Brien. Mr. O’Brien moved to adopt; Mr. Hackworth seconded the motion. Mr. O’Brien stated our traffic studies show that the intersection of S.R. 256 and Refugee is failing and in order to help ease the traffic on that intersection, as well as, help the subdivision behind Kroger’s, this light will be installed at the exit on Windmiller Drive onto Refugee Road. Roll call was taken with Mr. Wright, Mr. O’Brien, Mrs. Riggs, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.” Motion passed, 7-0.
I. ORDINANCE 2005-77, “AN ORDINANCE TO CHANGE THE NAME OF A PORTION OF PRE-EXISTING DILEY ROAD REMAINING BETWEEN REALIGNED DILEY ROAD AND S.R. 256 TO OLD DILEY ROAD IN THE CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” Second Reading, O’Brien. Mr. O’Brien moved to adopt; Mr. Wisniewski seconded the motion. Mr. O’Brien stated with the northern terminus of Diley Road being finished and connecting into S.R. 256, we have the remaining portion of the road that has addresses on it and we have to give this road a name. He stated it seemed appropriate to name it Old Diley Road. Roll call was taken with Mr. O’Brien, Mr. Wisniewski, Mrs. Riggs, Mr. Hackworth, Mr. Sabatino, Mr. Wright, and Mr. Parker voting “Yea.” Motion passed, 7-0.
J. ORDINANCE 2005-79, “AN ORDINANCE AMENDING SECTION 274.02 AND ADOPTING IMPACT FEE AMOUNTS AND THE PROCEDURES FOR THE IMPOSITION, CALCULATION, COLLECTION, EXPENDITURE AND DEVELOPMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE,” Second Reading, Riggs/Hackworth/O’Brien/Wright/ Wisniewski/Parker/Sabatino. Mrs. Riggs moved to adopt; Mr. Wright seconded the motion. Mrs. Riggs moved to amend by substitution with the Ordinance provided in Council’s packet; Mr. Wright seconded the motion. Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Hackworth, Mrs. Riggs, and Mr. Wisniewski voting “Yea.” Motion to Amend by Substitution passed, 7-0. Mr. Parker stated he would like to have his name removed as one of the sponsors of this legislation because he did not feel we should be taxing our commercial businesses. He stated further he would caution this Council that the language stating Council may exempt all or part of particular development projects from development impact fees if such projects are determined to create extraordinary economic development could cause problems. He stated the wording of extraordinary economic development might leave Council vulnerable if the fees were waived for one development and not another, and perhaps that wording should be cleared up for the future. Mr. Parker stated further the fees cannot actually be waived, the City would then have to make up those fees. Mr. Sabatino stated he shared Mr. Parker’s concerns about the commercial aspect, however, he felt the contribution that the residential side will contribute is significant enough that he will vote for this ordinance. He stated his hope would be that future Council can change the commercial side of it if they see fit. Mr. Parker stated in the past a Community Authority had been discussed and he felt that would raise substantially more residential dollars than the impact fee, but at this point in time, with the history of what has happened, this was probably the direction we were going in. He stated he would vote against this ordinance, it will pass, but he was taking his stand on commercial development. Mr. Wright stated he would like Mr. Hartmann to explain the changes in the substituted ordinance if possible. Mr. Hartmann stated Council had received a memorandum detailing the changes and briefly reviewed the changes listed. Mr. Wright ascertained if Council exempted a commercial development, the City would then have to fund what was exempted. Ms Gilleland stated there were a couple of ways to grant exemptions or waivers, such as working with a developer whereby the developer will build a piece of infrastructure in exchange for a reimbursement on the impact fee, and that must be agreed to, in writing, and approved by Council. She stated further for an extraordinary economic development, Council does have the option of exempting an impact fee, but that must be voted on by Council. Mr. Wright clarified that, in that case, the City would have to compensate the appropriate impact fee fund. Mr. Sabatino inquired if anyone knew what the dismissal date referred to in Section 1486.03.D.(8), and Mr. Hartmann stated he did not recall off hand, but he would provide it to Council by e-mail. Roll call was taken with Mr. Parker voting “Nay,” and Mr. Wright, Mr. O’Brien, Mrs. Riggs, Mr. Wisniewski, Mr. Sabatino and Mr. Hackworth voting “Yea.” Motion passed, as amended, 6-1.
K. RESOLUTION 2005-15R, “A RESOLUTION OF INTENT TO APPROPRIATE A 0.265 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, FROM SMC LTD., LOCATED EAST OF REYNOLDSBURG-BALTIMORE ROAD (S.R. 256), CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” Second Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion. Mr. Hackworth stated this is an access issue by Pickerington Health Care on S.R. 256. Roll call was taken with Mr. O’Brien, Mr. Wisniewski, Mrs. Riggs, Mr. Hackworth, Mr. Sabatino, Mr. Wright, and Mr. Parker voting “Yea.” Motion passed, 7-0.
9. LEGISLATIVE READINGS:
A. ORDINANCE 2005-50, “AN ORDINANCE ACCEPTING THE FINAL PLAT FOR THE WELLINGTON PARK SUBDIVISION – SECTION 1 (VIRGINIA HOMES),” Third Reading, Hackworth. (TABLED)
B. ORDINANCE 2005-67, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $380,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF RENEWING NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF CONSTRUCTING STREET IMPROVEMENTS AND PARTICULARLY WIDENING DILEY ROAD IN THE CITY,” Third Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion. Mr. Hackworth stated this is a note renewal on notes that were originally used for street improvements, particularly the widening of Diley Road. Mr. Sabatino clarified that we plan on rolling these notes into the SIB loan, however, if there is a problem with obtaining the SIB loan funds prior to the renewal date, this will prevent us from defaulting on the notes. Mrs. Fersch stated if we do receive the SIB loan funds without any problem, we will not need this legislation, this was being done as a safeguard. Roll call was taken with Mr. Sabatino abstaining, and Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, Mrs. Riggs, Mr. Parker, and Mr. Wright voting “Yea.” Motion passed, 6-0.
C. ORDINANCE 2005-68, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO CONTINUE MEMBERSHIP WITH THE CENTRAL OHIO RISK MANAGEMENT ASSOCIATION FOR THE TIME PERIOD OCTOBER 1, 2005, TO SEPTEMBER 30, 2006,” Third Reading, Wright. (TABLED) Mr. Wright moved to remove from the Table; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Wright, Mrs. Riggs, Mr. Parker, Mr. Sabatino, Mr. Wisniewski, Mr. O’Brien, and Mr. Hackworth voting “Yea.” Removal from the Table passed, 7-0. Mr. Wright moved to adopt; Mr. O’Brien seconded the motion. Mr. Wright clarified the premium rate is $172,000, however, Mrs. Fersch was requesting a not-to-exceed amount of $190,000 in order to cover some additional costs that may be incurred. Mr. Wright moved to amend by substitution with the ordinance Council received that included the amount of $190,000 and to declare the emergency; Mr. O’Brien seconded the motion. Roll call was taken with Mr. Wright, Mr. Parker, Mr. Hackworth, Mrs. Riggs, Mr. O’Brien, Mr. Sabatino, and Mr. Wisniewski voting “Yea.” Motion to amend passed, 7-0. Mr. Parker clarified four cities are members of the Association. Roll call was taken with Mr. Hackworth, Mr. Wisniewski, Mr. O’Brien, Mrs. Riggs, Mr. Parker, Mr. Sabatino, and Mr. Wright voting “Yea.” Motion passed, as amended, with emergency, 7-0.
D. ORDINANCE 2005-70, “AN ORDINANCE AMENDING ORDINANCE 2004-86 (EMPLOYEE PAY PLAN AND AUTHORIZED STRENGTH),” Third Reading, Wright. Mr. Wright moved to adopt; Mrs. Riggs seconded the motion. Mr. Wright stated he would answer any questions anyone might have. Roll call was taken with Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, Mrs. Riggs, Mr. Parker, Mr. Sabatino, and Mr. Wright voting “Yea.” Motion passed, 7-0.
10. OTHER BUSINESS: Mr. O’Brien stated he would request the law director prepare legislation for Council to consider in support of House Bill 299 that addressed the impact fee authority for schools and townships. Mr. Hartmann stated he would prepare that legislation for the next Council meeting.
11. MOTIONS: There were no motions.
12. ADJOURNMENT. There being nothing further, Mr. Hackworth moved to adjourn; Mr. O’Brien seconded the motion. Mr. Sabatino, Mr. Parker, Mr. Hackworth, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, and Mrs. Riggs voted “Aye.” Motion carried, 7-0. The meeting adjourned at 8:30 P.M., September 6, 2005.
RESPECTFULLY SUBMITTED:
__________________________________
ATTEST:
___________________________________